Uncontested Divorce in Indiana

The far-reaching effects of a divorce can be softened by the divorcing couple by reaching a consensus regarding the significant aspects of the divorce. As they reach a complete agreement with respect to the major issues, they can have a healthy post-divorce life. This is very conducive from the point of well-being of the children.

Initiating Uncontested Divorce in Indiana

A person applying for uncontested divorce in Indiana must ascertain that one of the divorcing partners has been a resident of this state for minimum 6 months. Moreover, one of them should have been a resident of the county where they reside for minimum 3 months before filing. These conditions are also applicable for military personnel stationed in this state. The divorcing wife must not be pregnant.

In this state, there is a single ground for this sort of divorces as follows.

• Irretrievable breakdown of marriage.

The divorcing couple would have to prepare a Marital Settlement Agreement with the assistance of a law firm and in this agreement the following must be specified.

• Child custody.
• Liabilities.
• Assets.
• Division of Property.
• Tax returns.

Papers related to Uncontested Divorce in Indiana

The following papers are expected to begin the divorce proceedings.

• Verified Petition for Dissolution of marriage.
• A Marital Settlement Agreement.
• A Summons form.
• An Appearance form.
• A Notice of Provisional Hearing, if the divorcing couple has any minor children.

The above mentioned documents are filed at the local court with the court clerk. It is recommended that the divorcing couple carries 2 additional copies with the original form and a stamped addressed envelope for the divorcing couple.

Service of the forms

The Respondent is served the Petition package and Summons in one of the following 3 ways.

• Court clerk’s certified mail.
• Sheriff’s personal service.
• An uninterested individual’s personal service. (an individual unrelated to the divorce procedure is chosen)

After the Respondent is served, the ‘Return of Service’ section of the Summons form is completed by the server and filed with the court or posted to the Petitioner.

Procedure if minor children are involved

This step is applicable only to those divorcing partners who have minor children. Consider that the forms have been filed in the court and the Respondent has been served. Then, the divorcing couple gets a “Notice of Provisional Hearing” that intimates them of a Provisional Hearing.

The divorcing couple must be present for this hearing along with the following documents.

• A Post-Secondary Education Worksheet. (just in case the children are in post-secondary school)
• A temporary order.
• A parenting time credit worksheet.
• A child support worksheet.
• A financial declaration. (if demanded by the court)

At this provisional hearing, the Judge Issues orders that are relevant to child care. These are to be obeyed until the finalization of the divorce takes place.

The divorcing couple may be instructed by the Court to remain present at a Parenting Program. A Certificate of Attendance at this program has to be filed so that the divorce procedure can continue.

Finalization of the divorce

As per the law in this state, a sixty day waiting period is essential between the date the petition was filed and the finalization of the divorce. The following forms must be completed for the final hearing.

• A Decree of Dissolution of Marriage form
• A Verified Waiver of Final Hearing form

It is advisable to have 4 copies of the above 2 forms – one for the court and judge each and one each for the divorcing partners. The divorcing couple should submit 2 stamped addressed envelopes while filing these forms. After approval of the petition for divorce, the divorcing partners are mailed a copy of the Final Decree.

Divorce Papers